Michael Thomas @ Malligarjunan v. The Inspector Of Police
Crl.O.P.[MD]No.7492 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7492 of 2020 Michael Thomas @ Malligarjunan ... Petitioner/Accused Vs.
1.State Rep by The Inspector of Police, District Crime Branch, Karur, Karur District.
... Respondent/Complainant (Crime No.5 of 2020) 2.S.Gurunathan ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in pertaining to the FIR registered in Crime No.5 of 2020 on the file of the Inspector of Police, District Crime Branch, Karur and quash the same. For Petitioner : Mr.S.Joel For R-1 : Mr.S.Chandrasekar Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.5 of 2020 under Sections 406, 420, 294(b) and 506(i) of I.P.C., on the file of the Inspector of Police, District Crime Branch, Karur. 2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the second respondent and also by their respective counsel. Due to COVID-19 pandemic, the petitioner and the second respondent have appeared through video conferencing and in the video conferencing, they were identified by Mr.Pandian, SSI of Police, Karur. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.[MD]No.7492 of 2020 the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No. 2 of 2020. 5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.5 of 2020, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
Encl: Attached Xerox copy of Compromise Memo. To 1.The Inspector of Police, District Crime Branch, Karur, Karur District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD]No.7492 of 2020 21.07.2020 SPU(05.05.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2